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Full text of "An act to incorporate the city of Manila, enacted by the United States Philippine Commission, July 31, 1901 .."

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THE 

MANILA 

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Enacted by the 

UNITED STATES PHILIPPINE COMMISSION, 

JULY 31, J90J. 



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AN ACT 



TO 



INCORPORATK 



THE 



CITY OF MANILA 



ENACTED BY THE 

UNITED STATES PHILIPPINE COMMISSION, 

JULY 31, IQOl. 



WITH INDEX 



Published by authority of the 

UNITED STATES PHILIPPINE COMMISSION, 

MANILA, P. I. 



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[No. 183.] 



AN ACT TO INCORPORATE THE CITY OF MANILA. 

By cmtJiority of the President of the United States, be it enacted 
by the United States Philippine Commission, that: 

Section i . (a) Inhabitants of Manila constituted a munic- 
ipality* The inhabitants of the cit}' of Manila, residing within 
the territory described in Section 2 of this act, are hereby consti- 
tuted a municipalit}^ which shall be known as the city of Manila, 
and by that name shall have perpetual succession, and shall 
possess all the rights of property herein granted or heretofore en- 
joyed and possessed by the city of Manila as organized under 
Spanish sovereignty. 

(b) City of Manila to have a seal; to dispose of real and 
personal property, etc* It may have a common seal, and alter 
the same at pleasure, and may take, purchase, receive, hold, 
lease, convey, and dispose of real and personal property for the 
general interests of the city, contract and be contracted with, 
sue and be sued, and prosecute and defend to final judgment and 
execution, and execute all the powers hereinafter conferred. 

Sec. 2. Temporary boundaries of, jcity prescribed* The 
temporar}^ boundaries and limits of said, city are hereb}^ estab- 
lished and prescribed in general, as follows: 

Beginning at a point at the junction of Estero Vitas with 
Manila Bay at low-water mark, in the northwest corner of 
Manila, thence running S. 63° E. up Bocana Vitas to its junction 
with Estero Gagalangin, 226.00 meters; thence N. 30° E. on Gaga- 
langin Estero, 362.50 meters; thence S.iSo" E. to the center of 
the main road to Caloocan at its junction \f'ith Calle Solis, 679.00 
meters; thence S. 76*' E. in center of Calle Solis, 85.00 meters; 
thence N. 82*' 15' E., 50.00 meters; thence N. 75'' 10' E. to junction 
with Manila and Dagupan Railroad, 147.50 meters; thence S. 79" 
E. in center of Calle Solis, 68.00 meters; thence N. 79." E., 
100.00 meters; thence N. 70" 15' E., 252.50 meters; thence N. 79" 
50' E. to junction of Calle Solis with Calle Lico, 186.00 meters; 
thence S. 71" 30' E. crossing Paangbundoc palay fields to a point 



380477 



at the junction of Calle Sangleyes and Calle Loma, 726.00 meters; 
thence N. 56" E. in center of Calle Sangleyes to a point in front 
of the Chinese Hospital, 170.00 meters; thence N. 63" 50' E. across 
fields to center of Blockhouse No. 4, 445.00 meters; thence S. 22* 
E. to center of Blockhouse No. 5, 184.00 meters; thence S. 22° E. 
to center of Blockhouse No. 6, 540.20 meters; thence S. 43'' 15' E. 
to center of Blockhouse No. 8, 753.00 meters; thence S. 80* 
10' E. to center of Blockhouse No. 9, 704.20 meters; thence S. 53*^ 
E. to center of Blockhouse No. 10 (or Baligbaligy), 907.50 meters; 
thence S. 58" E. to center of Blockhouse No. 11, 457 00 meters; 
thence S. 36^ 15' E. to center of San Juan Bridge, 757.00 meters; 
thence S. 55" 30' E- down middle of San Juan River, 479.00 
meters; thence" S. 26" 10' E., 552.00 meters; thence S. 3" 40' W., 
185.00 meters; thence S. 48" 15' W., 505.00 meters; thence S. 63* 
30' W., 316.00 meters; thence S. 83" W., 382.00 meters; thence 
N. 64" 10' W., 151.00 meters; thence N. 29" 50' \V. to a point in 
the middle of the Pasig River, 135.00 meters; thence S. 67*^ 10' W. 
on the Pasig River, 137.50 meters; thence up the center of Estero 
Biata to a point at its junction with Estero Pesafrancia and Estero 
Lasdamas; thence continuing up the middle of Estero Easdamas 
to a point at its junction with Estero Paco; thence on Estero Paco 
to Calle Lingeros and Estero Tripa de Gallina; thence in the mid- 
dle of Estero de Gallina to a point on the Singalon Bridge on the 
road from Pineda to San Pedro Macati; thence S. 76*^ W. to the 
middle of Calle Lico, 40.00 meters; thence S. 47" 30' W., in the 
middle of Calle Eico to its junction with Camino Singalon, 39.00 
meters; thence S. 63** 40' W. to Calle Real de Pineda, 119.00 
meters; thence S. 63" 50' W. in the middle of the road from Singa- 
lon to Maytubig or Malate, 185.00 meters; thence S. 26" 30' W., 
159.00 meters; thence S. 81" 50' W., 152.50 meters; thence S. 69* 
50' W., 23.00 meters; thence S. 77° 30' W., 170.00 meters; thence 
S. 68" 40' W. to the junction of Calle San Lucas, 167.50 meters; 
thence S. 22** 50' E. in the middle of Calle San Lucas, 224.00 meters; 
thence across fields S. 68" 30' W. to a point in the middle of Calle 
Marina, about 206.00 meters, to low-water mark in Manila Bay; 
thence following the shore line of said bay at low water mark in 
a general northwesterly direction to the point of beginning. 

On or before the 31st day of December, 1901, the Municipal 
Board hereinafter provided for shall make careful investigation 



and fix what, in its opinion, are proper boundaries for the cit}^ 
of Manila, and make report of its investigations to the Com- 
mission for further legislation. For this purpose it shall cause 
surveys to be made of the proposed new boundaries and may 
include within such proposed boundaries territory not now or 
heretofore included in the city of Manila. 

Sec. 3. Jurisdiction of city government for police purposes* 
The jurisdiction of the city government for police purposes only 
shall extend to three miles from the shore into Manila Bay 
and over a zone surrounding the citj' on land of five miles in 
Avidth. 

Sec. 4. Government of city vested in Municipal Board* 
The government of said city is hereby vested in a Municipal 
Board, consisting of three members, to be appointed by the 
Civil Governor, by and w4th the consent of the Commission, 
and to be removable in the same manner. One member of the 
Board shall be designated in the appointment as President, and 
shall preside at all meetings of the Board. He shall sign all 
ordinances, resolutions, bonds, contracts, and obligations made 
or authorized by the Board, and shall issue such orders and 
instructions as may be necessary to carry out and enforce the 
ordinances of the city, and the orders of the Board relating 
thereto. In case of sickness or prolonged absence of any mem- 
ber of the Board, or if for any reason it becomes necessary to 
maintain a quorum or to break a tie, the Civil Governor may 
make temporary appointment until the return of such absent 
member or members. The person so appointed shall possess all 
the rights and perform all the duties of a member of the Board. 

Sec. 5. Duties of Secretary of Board* The Board shall 
have a secretary, who shall be first appointed by the Civil 
Governor, by and wath the consent of the Commission, and his 
successor shall be appointed by the Board, subject to the pro- 
visions of the Civil Service Act. The Secretary shall be in 
charge of the municipal records. He shall keep a full record 
of the proceedings of the Board, both legislative and executive, 
and file all documents relating thereto; shall record, in a book kept 
for that purpose, all ordinances passed by the Board, with the 
dates of passage and publication of the same; shall keep the corpo- 
rate seal, and affix the same, with his signature, to all ordinances 



and other ofiScial acts of the Board, and shall present the same 
for signature to the President; shall cause each ordinance 
passed to be published as herein provided; shall have charge 
and custod}^ of all records and documents of the city and of any 
office or department thereof, for which provision is not other- 
wise made; shall, on demand, furnish certified copies of all city 
records and documents, and shall collect and receive therefor 
such fees as may be prescribed, for the use of the city; shall keep 
his office and all records therein open to inspection during usual 
business hours by all residents of the city and all officers of the 
Insular and general governments. He shall have such other 
povvers and perform such other duties as the Board may prescribe. 

, Sec. 6. Duties of Disbursingf Officer of Board* The Board 
shall appoint a disbursing officer, who shall be charged with the 
duty of disbursing all moneys drawn from the Insular Treasury 
pursuant to appropriations made by the Commission. He shall 
discharge his duties in accordance with the provisions of Act 
No. 145, prescribing the duties of disbursing clerks, and shall 
render his accounts in such manner as the Auditor for the 
Philippine Archipelago may prescribe. 

Sec. 7. Oath to be taken by each member of Board, and 
city officer* Each member of the Board, and city officer ap- 
pointed under this act shall, before entering on the duties 
thereof, take and subscribe to the following oath, w^hich shall 
be filed with the Secretary to the Board, and be by him recorded: 

I , , having been duly appointed 

of the city of Manila, do hereby accept said office, 

and do solemnly swear (or affirm) that I recognize and accept 
the supreme authority of the United States of America in these 
Islands, and will maintain true faith and allegiance thereto; 
that I will obey all the laws, legal orders, and decrees promul- 
gated by its duly constituted authorities; that I impose upon 
myself this obligation voluntarily, without mental reservation or 
purpose of evasion; that I will well and faithfully discharge the 
duties of the office upon which I am about to enter, so help me 
God. (Last four words to be stricken out in case of affirmation.) 



(Signature of officer. ) 
Subscribed and sworn to (or affirmed) before me this. 
day of 19 



(Signature of officer administering oath.) 



This oath, and all others required in connection with the 
administration of the city government, may be administered by any 
officer authorized to administer oaths, or by any member of the 
Board or its secretary, or by any other city officer appointed under 
this act, and no fee shall be charged therefor. 

Sec. 8. Each member of Board to execute bond* Each 
member of the Board, before entering upon the duties of his 
office, shall execute a bond to the Insular Government in the 
sum of ten thousand dollars, and with such surety or sureties as 
shall be approved by the Treasurer of the Philippine Archipelago. 
The bond shall be filed with the Treasurer, and a copy .spread 
upon the records of the Board. Every city officer charged with 
the custody of property or funds, before entering upon the 
duties of his office, shall execute a bond to the cit}', in such 
sum and with such surety or sureties as shall be approved by 
the members of the Board in writing thereon. The bond shall 
be filed with the Treasurer, and a copy spread upon the records 
of the Board. Should suit be brought upon any of said bonds, 
it shall be no defense to those signing the bond that the above 
requirements for approval have not been complied with, if, in 
fact, by virtue of such bond, such officer has entered upon his 
official duties. 

Sec. 9. Begfinning: of fiscal year. The fiscal year of the 
city shall commence on the first day of July of each calendar 
year, and extend to and include the thirtieth day of June fol- 
lowing. 

Sec. 10. Method of transacting business by Board. The 
Board shall meet and transact business every day during the 
year, Sundays and legal holidays excepted. It shall sit with 
open doors unless otherwise ordered by affirmative vote of two 
members. It shall keep a record of its proceedings, and 
determine its rules of procedure not herein set forth. Two 
members of the Board shall constitute a quorum for the 
transaction of business, and two affirmative votes shall be 
necessary to the passage of any ordinance or motion. The 
ayes and noes shall be taken and recorded upon the passage 



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of all ordinances, upon all propositions* directing payment of 
money or creating liabilit3^ and at the request of ati}^ member, 
upon any other proposition. Each ordinance shall be sealed 
with the city seal, signed by the President of the Board and 
the Secretary, and recorded in a book kept for that purpose. 
Each ordinance shall be published in two daily newspapers of 
Manila, one printed in English and the other in Spanish, 
within three days after its passage, and shall take effect and 
be in force on and after the tenth day following its passage, 
if no date is fixed in the ordinance. 

Sec. II. Board to have certain legislative and executive 
authority* The Board shall have the legislative authority 
herein conferred. It shall possess the executive powers herein 
conferred, which shall be exercised through the following 
departments, and by general supervisory control over the same: 

1. Department of Engineering and Public Works. 

2. Police Department. 

3. Law Department. 

4. Department of Fires and Building Inspection. 

5. Department of Assessments and Collections. 

Sec. 12. Appointment of city officers and employes, etc. 
The heads of departments, assistant heads, and all superin- 
tendents therein shall, upon the passage of this act, be appointed 
by the Civil Governor, by and wdth the consent of the Com- 
mission, and shall be subject to removal by the Board. Vacancies 
in such offices thereafter shall be filled by appointment of 
the Board in accordance with the provisions of the Civil 
Service Act. Employes other than officers shall be appointed 
and removed by the heads of departments in accordance with 
the provisions of the Civil Service Act. 

Sec. 13. Board to inspect official books, papers, etc. The 
Board shall have power at all times to examine and inspect 
official books, papers, and records of all officers, agents, and 
employes, and shall examine and inspect the .same at least 
once in each year. 

Sec. 14. Board to submit annually certain information to 
Civil Governor; to prepare annual report* On or before the 



tenth day of June of each year, the Board shall prepare and 
present to the Civil Governor for transmission to the Commission, 
in itemized form and in detail: (a) an inventory of lands, buildings, 
and other property, real and personal, belonging to the city, 
including cash in the treasury; (b) a. statement of the liabilities of 
the city; (c) an estimate of the revenues of the city from all sources 
for the ensuing fiscal year, with a statement opposite each item of 
the amount realized from such sources during the preceding twelve 
months; (d) an estimate of the ordinary expenses for the ensu- 
ing fiscal year, with a statement opposite each item of the 
<:orresponding expenses during the preceding twelve months; 
(e) an estimate of such extraordinar}- expenditures as may be 
necessar}' for any purpose, the approximate total expenditure 
recommended, and the amount which it is expected to expend 
during the ensuing fiscal year; also an itemized statement of 
the extraordinary expenditures during the preceding twelve 
months. The Board shall, on or before the first day of August 
of each year, prepare and present to the Civil Governor for 
transmission to the Commission an annual report covering the 
operations of the city government during the preceding fiscal 
year. This report shall be printed in pamphlet form bj' the 
Board for general circulation. 

Sec. 15. Appropriations for city of Manila* The Commis- 
sion shall, upon estimates submitted by the Board, make all 
appropriations for the expenses of the cit\^ of Manila. Thirty 
per cent, of the appropriations for said purpose shall be paid out 
of any moneys in the Insular Treasury not otherwise appropriated, 
and seventy per cent, shall be paid out of the revenues of the city 
of Manila. In part consideration of the contribution of thirty 
per cent, of the city expenses from the Insular Treasury, it 
shall be lawful for the Insular Government to appropriate to 
its use temporarily^ the building known as the Ayuntamiento, 
now occupied bj^ the office^ of the Insular Government. 

Sec. 16. General powers and duties of Board* The Board 
shall take possession of all lands, buildings, offices, books, papers, 
records, mone3's, credits, securities, assets, accounts, or other prop- 
ert}^ or rights belonging to the former city of Manila or pertaining to 
the business or interests thereof, and, subject to the provisions 

2-183-en 



lO 

herein set forth, shall have control of all its property except the 
building known as the Ayuntamiento, provision for the occupation 
and control of which is made in Section 15 of this act; shall collect 
taxes and other revenues, and apply the same in accordance with 
appropriations, as hereinbefore provided, to the payment of the 
municipal expenses; shall supervise and control the discharge 
of official duties by subordinates; shall institute judicial pro- 
ceedings to recover property and funds of the city wherever found 
or otherwise to protect the interests of the city, and shall defend 
all suits against the city; shall make such ordinances and regula- 
tions as may be necessary to carry into effect and discharge the 
powers and duties conferred by this act, and to provide for 
the peace, order, safety, and general welfare of the city and its 
inhabitants; shall fix penalties for the violation of ordinances, 
provided that no fine shall exceed one hundred dollars, and no 
imprisonment shall exceed six months for a single offense. The 
Board shall see that the laws and ordinances are faithfully exe- 
cuted and enforced, and shall have such further powers and 
perform such further duties as may be prescribed by law. 

Sec. 17. General powers of Board stated in detail. In 
addition to the foregoing the Board shall have the following 
general powers: 

(a) To collect taxes for general and special purposes, in 
accordance with law. 

(b) To prescribe the time, places, and manner of payment 
of salaries and wages to city officials and employes. 

(c) To provide for the erection or rental and care of build- 
ings necessary for the use of the city. 

(d) To establish and maintain free public schools for 
primary instruction and to provide school-houses therefor, sub- 
ject to the limitations of Act No. 74. 

(e) To provide secondary schools, and professional schools, 
with the approval of the City Superintendent, and to charge 
matriculation and tuition fees with the same approval. 

(f) To maintain police courts established by law, which 
shall have exclusive jurisdiction of all criminal cases under the 
ordinances of the city, and such further jurisdiction as may be 
herein or hereafter conferred. 



(g) To release any person imprisoned for violation of a 
city ordinance and to remit the sentence of such person, or any 
part thereof. 

(h) To establish fire limits, and regulate the kinds of build- 
ings and structures that may be erected within said limits, and the 
manner of constructing and repairing the same. 

(i) To erect engine houses, and provide fire engines, hose 
carts, hooks and ladders, and other equipment for the prevention 
and extinguishment of fires, and to provide for the management 
and use of the same. 

(J) To issue licenses, fixing the amount of the license fee 
and prescribing the time and. manner of issuing or revoking the 
same, and to make regulations for the following: 

(k) Hawkers, peddlers, hucksters, pawn-brokers, dealers in 
second-hand merchandise, junk-dealers, auctioneers, plumbers, 
brewers, distillers, money-changers and brokers, hotels, restaurants, 
cafes, lodging houses, public vehicles, public ferries, livery stables, 
billiard tables, theatres, theatrical performances, race tracks, horse 
races, circuses and all other forms and places of amusement; the 
keeping, preparation and sale of meat, poultry, fish, butter, 
cheese, lard, vegetables, bread and other provisions. 

(I) To regulate the business and fix the location of tan- 
neries, renderies, tallow chandleries, bone- factories, soap- factories, 
match-factories, blacksmith shops, foundries, steam boilers, 
lumber yards, ship yards and other dangerous, offensive or 
unwholesome establishments; the storage and sale of gunpowder, 
tar, pitch, resin, coal-oil, benzine, turpentine, hemp, cotton, 
nitro-glycerin, petroleum, or any of the products, thereof and 
all other highly combustible or explosive materials. 

(in) To inspect and regulate the method of using steam en- 
gines and boilers, other than marine, and to charge a reasonable- 
inspection fee for so doing, and to license all engineers engage 1 
in operating the same. 

(71) To suppress houses of ill fame and other disorderly 
houses, gaming houses, gambling, and all fraudulent devices for 
the purpose of gain and of obtaining money or property; to pro- 
hibit the printing, sale or exhibition of immoral pictures, books 
or publications of any description. 



12 

(o) To regulate and license or suppress cock-fighting and 
cock-pits. 

(p) To license, regulate or prohibit the keeping of dogs, 
and to authorize their impounding and destruction when running 
at large contrary to ordinance. 

(g) To establish and maintain city pounds; to regulate, re- 
strain, and prohibit the running at large of domestic animals, 
and provide for the distraining, impounding, and sale of the 
same for the penalty incurred, and the cost of the proceedings; 
also to impose penalties upon the owners of said animals for 
the violation of any ordinance in relation thereto. 

(r) To prohibit and provide for the punishment of cruelty 
to animals. 

(s) To provide for the inspection and sealing of weights and 
measures, enforce the keeping and use of proper weights and 
measures by vendors, and regulate the inspection, weighing 
and measuring c.f brick, coal, lumber and other articles of 
merchandise. 

(t) To lay out, construct, improve, and regulate the use of 
streets, avenues, alleys, sidewalks, wharv^es, piers, parks, ceme- 
teries and other public places; to prevent and remove encroach- 
ments and obstructions from the same; to provide for the light- 
ing, cleaning, and sprinkling of streets and public places; to 
regulate or prevent the use of the same for processions, signs, 
sign posts, awnings, awning posts; the carrying or displaying 
of banners, placards, advertisement-^ or hand bills, or the fly- 
ing of signs, flags or banners, across, over, or from any build- 
ing along the same. To prohibit the throwing or depositing 
of offal, garbage, refuse, or other offensive matter in the same, 
and to provide for its collection and disposition; to regulate 
the openings therein for the laying of gas, water, sewer, and 
other pipes therein, the building and repair of tunnels, sewers, 
and drains, and all structures therein and thereunder, and the 
erecting of poles and the .stringing of wires therein; to pro- 
vide for and regulate cross-walks, curbs, and gutters therein; to 
name and change the names of the same, and provide for and 
regulate the numbering of houses and lots fronting thereon; to 
regulate traffic and sales upon the same; to abate nuisances in 



^3 

the same, and punish the authors or owners thereof; to con- 
struct, maintain and regulate the use of bridges, viaducts and 
culverts; to prevent and regulate playing ball, flying kites, roll- 
ing hoops, and any other amusement having a tendency to 
annoy persons using the streets or public places, or to frighten 
horses or other animals; to regulate the speed of horses and 
other animals, vehicles, cars and locomotives within the limits 
of the city; to regulate the locating, constructing and laying 
of the track of any horse, electric or other form of railroad in 
the streets or other public places of the city authorized by law; 
to provide for and change the location, grade, and crossings, 
of any railroad, and to compel such railroad to raise or lower 
its tracks to conform to such provisions or changes; to require 
any railroad company to fence its railroad, or any^ part there- 
of, to provide suitable protection against injury to persons or 
property, and to construct and repair ditches, drains, sewers, 
and culverts along and under its tracks, so that the natural 
drainage of the streets and adjacent property shall not be 
obstructed. 

(u) To construct, maintain, and regulate the use of canals 
and water courses, and provide for the cleansing and purifying of 
the same, and the draining and filling of private premises to 
prevent or abate nuisances. 

(v) To construct and maintain public landing-places, 
wharves, piers, docks, levees, and to regulate and control the use 
of the same, and all private landing-places, wharves, piers, 
docks, and levees. 

(w) To maintain water w^orks for the purpose of supplying 
w^ater to the inhabitants of the city, to purify the source of 
supply, and regulate the control and use of the w^ater, and to 
fix and collect rents therefor; to regulate the construction, re- 
pair and use of hydrants, pumps, cisterns and reservoirs, and 
to prevent the w^aste of water. 

(x) To establish, maintain, and regulate the use of public 
drains, sew^ers, latrines, and cess-pools, and regulate the con- 
struction and use of private drains, se\vers, latrines, and cess- 
pools. 

(y) To provide for the establishment of public stables and. 
bath-houses, and to inspect and regulate the same. 



14 

(z) To establish public markets, market-houses, and 
slaughter-houses, and provide for the regulation, inspection, and 
use thereof, and to regulate or prohibit the establishment of such 
institutions by anj' person, firm or corporation. 

(aa) To make suitable provisions to insure the public safety 
from conflagrations, and the effects of floods, storms, and 
other public calamities, and to provide relief for persons suf- 
fering from the same. 

(dd) To establish, maintain and regulate a police force, pre- 
scribe the powers and duties of its members, and make and 
enforce all necessary police ordinances, with the view to the 
confinement and reformation of vagrants, disorderly persons, 
mendicants, and prostitutes, and persons convicted of violating 
any city ordinance; to provide for the arrest, trial, fining, and 
putting to work on the streets and elsewhere, of such persons. 

(cc) To extend and enforce all its ordinances over all waters 
within the city, and over the Bay of Manila three miles beyond 
the city limits, and over any boat or other floating structure 
thereon; and for the purpose of protecting and insuring the 
purity of the water supply of the city, to extend and enforce 
ordinances to that end over all territory within the drainage 
area of such water supply, or within lOo meters of any reservoir, 
conduit, canal, aqueduct or pumping station used in connection 
with the city water service. 

(dd) To enforce the regulations of the Insular Board of 
Health and to impose fines and penalties against persons who 
violate such regulations. 

(ee) To fix rates and collect wharfage from all water 
craft landing at or using public wharves, docks, levees, or landing- 
places. 

(J^) To provide for the closing of opium joints, and to 
prohibit the keeping or visiting of any place where opium is 
smoked or sold for the purpose of smoking. 

(gg-) To regulate the use of lights in stables, shops, and 
other buildings and places, and to regulate and restrain the 
building of bonfires and the use of firecrackers, fireworks, tor- 
pedoes, candles, sky-rockets, and other pyrotechnic displays. 

(/i/i) To prevent and suppress riots, affrays, disturbances, 
and disorderly as.semblies; to punish and prevent intoxication, 



fighting, quarreling, and all disorderly conduct; and to keep the 
peace. 

(ii) To make, publish, amend, and repeal all ordinances, 
necessary to carry into effect the powers herein granted, and to 
enforce the same by fines and penalties, within the limits author- 
ized by law. 

Sec. 1 8. Insular Auditor to audit accounts of city* The 
Auditor for the Philippine Archipelago shall receive and audit all 
accounts of the cit}' of Manila, in accordance with the provisions 
of iVct No. 90. 

Sec. 19. Insular Treasurer to receive and keep moneys 
of city. The Treasurer of the Philippine Archipelago shall 
receive and safely keep all moneys arising from the revenues 
of the city of Manila, in accordance with the provisions of Act 
No. 90, and shall expend the same upon warrants drawn in 
accordance with the provisions of said act. Requisitions for 
such warrants, in favor of the disbursing otiicer of the Board, 
shall be made by the head of the department of the city gov- 
ernment to which the business relates, subject to the approval 
of the Civil Governor. 

Sec. 20. Insular Purchasingf Agent to make purchases for 
city* The Insular Purchasing Agent shall purchase all supplies, 
equipments, material, and property of everj^ kind, except real 
estate, for the use of the city of Manila or anj- of the depart- 
ments or offices thereof, and shall supply the same to the cit}' 
or any of its departments or offices, in accordance with the pro- 
visions of Act No. 146. 

Sec. 21. Health of city. The health of the city shall be 
under the control of the Insular Board of Health, which Board 
shair exercise in the city of Manila the powers conferred by 
Act No. 157. If conflict of opinion and jurisdiction shall arise 
between the Municipal Board and the Insular Board of Health, 
the issue shall be referred to the Civil Governor for his decision, 
which shall be final. 

Sec. 22. Warden of Bilibid Prison to receive city prisoners. 
The Warden of Bilibid Prison shall set apart a suitable portion 
thereof for cit}' prisoners, and shall receive for confinement and 
detention all persons who have been sentenced to imprisonment 
by the municipal courts of the city of Manila; and the expense 



i6 

of maintaining such portion of Bilibid Prison shall be paid for 
out of the funds of the city. 

Sec. 23. Establishment of schools in city* The Board shall 
have the same powers in respect to the establishment of schools 
in Manila as are conferred on municipal councils by the pro- 
visions of the Municipal Code and its amendments, as limited by 
Act No. 74, establishing a department of public instruction. A 
local school board of six members for the city of Manila, who 
shall serve without salary, shall be selected and removed in 
accordance with Sections 10 and 11 of said Act No. 74, and shall 
exercise the same powers as provided in said act. The General 
Superintendent of Public Instruction shall exercise the same 
jurisdiction and powers in the city of Manila as elsewhere in 
the archipelago, and the City Superintendent of Schools in 
Manila shall have all the powers and duties in respect to the 
schools of such city as are vested in division superintendents in 
respect to the schools of their divisions. 

Sec. 24. Reports to be made on condition of schools and 
school buildingfs* The City Superintendent of Schools shall make 
a quarterly report of the condition of the schools and school build- 
ings of Manila to the Board, and such recommendations as seem 
to him wise in respect to the number of teachers, their salaries, 
new buildings to be erected, and all other similar matters, together 
with the amount of city revenues which should be expended in 
paying native teachers, and improving the schools or school build- 
ings of the city. The local school board shall make a similar 
quarterly report to the Board. The local school board shall be 
furnished an office and necessary clerical force by the City Super- 
intendent out of the appropriation for his office. All construction 
or repairs of school houses ordered by the Municipal Board, 
subject to the limitations of Act No. 74, shall be carried on under 
the Department of Engineering and Public Works, and the care 
and custody of school buildings shall be under the Superintendent 
of Buildings and Illumination. 

Sec. 25. Powers and duties of heads of departments* Each 
head of department of the city government shall be in control 
of such department, under the direction and supervision of the 
Board, and shall possess such powers as may be prescribed 
herein or by ordinance. He shall make requisition in duplicate 



17 

for all funds required for the use of his department during 
the ensuing month. All warrants drawn in accordance with 
such requisitions shall be in favor of the disbursing officer 
of the Board, and shall be disbursed pursuant to appropriations. 
The correctness of all pa3'rolls and vouchers covering the pay- 
ment of money shall be certified to b}^ each head of department 
before paj-ment, except as herein otherwise expressl}^ provided. 
Each head of department shall deposit with the Treasurer of the 
Philippine Archipelago all mone3'S collected within his depart- 
ment, taking, as required by Rules 51 and 52 of Act No. 90, 
receipts for all moneys so deposited. He shall submit to the 
Auditor for the Philippine Archipelago on the first daj^ of each 
month an abstract showing all collections made within his 
department during the preceding month, supported by proper 
vouchers covering such receipts. He shall, ten days before 
the beginning of each quarter, prepare and submit to the Board, 
through the Auditor for the Philippine Archipelago, the follow- 
ing estimates: (a) An itemized estimate of the revenues of the 
department from all sources for the ensuing quarter, with a 
statement opposite each item of the amount realized from such 
source during the preceding quarter; (b) an itemized estimate of 
the ordinary expenses of the department for the ensuing quarter, 
with a statement opposite each item of the corresponding expenses 
during the preceding quarter; (c) an itemized estimate of such 
extraordinary expenditures as may be deemed necessarj- for 
any purpose, with an itemized statement of extraordinary expendi- 
tures during the preceding quarter. Such estimates shall con- 
tain a statement of the approximate total expenditure recom- 
mended, and the amount w^hich it is expected to expend during 
the ensuing quarter. He shall, on or before the tenth day of 
July of each year, prepare and present to the Board an annual 
report, in duplicate, covering the operations of his office during 
the preceding fiscal year. 

Sec. 26. City officers to devote time to business* Each 
officer shall devote his time and attention exclusively during 
the usual business hours to the duties of his office, and shall 
not hold more than one office unless expressly authorized by law. 

This section shall not apply to members of the Advisory 
Board or to members of the local school board, or to other 

3-183-en 



i8 

persons discharging public duties under the city government 
who receive no compensation for their services. 

Sec. 27. Persons who are eligible for appointment to city- 
offices. No person shall be eligible for appointment to an}' 
city office who is not either T^i a citizen of the United States, 
or (b) a native of the Philippine Islands, or (c) a person 
who has, under and by virtue of the Treaty of Paris, acquired 
the political rights of a native of the Islands. 

Sec. 28. City officers not to engage in certain business 
transactions* It shall be unlawful for any city officer, directly 
or indirectly, individually or as a member of a firm, to engage 
in any business transaction with the city through any of its 
authorized officials, boards, agents, or attorneys, whereby money 
is to be paid, directly or indirectly, out of the revenues of the 
city to such person or firm; or to purchase any real estate or 
other property belonging to the city, or which shall be sold 
for taxes or assessments, or by virtue of legal process at the suit 
of the city; or to be surety for any person having a contract or 
doing business with the city, for the performance of which 
security may be required; or to be suret\' on the official bond 
of any officer of the city. 

Sec. 29. Action in case of separation from service of city 
officers* Every city officer shall, at the expiration of his term, 
or upon resignation, deliver to his successor in office, who 
shall receipt for the same in duplicate, all property, books, and 
effects of every description in his possession, belonging to the city 
or pertaining to his office. One copy of the receipt shall be deliv- 
ered to the retiring officer and the other copy filed with the Audi- 
tor for the Philippine Archipelago. All funds, whether collections 
or moneys appropriated for disbursement, shall be deposited in the 
Insular Treasury. Funds for disbursement shall be deposited as 
repayments to the respective appropriations to wliich they pertain 
and be available for withdrawal by warrant in favor of the suc- 
cessor. In case of the death or removal of any city officer, the 
Board shall at once take charge of the office, books, papers, 
property, and funds of the late incumbent, and forthwith notify 
the sureties on his official bond. Such sureties shall cause to be 
rendered to the Auditor the accounts current of the deceased or 



19 

removed officer, and deposit or cause to be deposited as aforesaid 
the moneys with which such officer was chargeable. 

Sec. 30. When Board must advertise for sealed bids or 
proposals* Before entering upon an}^ work or public improve- 
ment the total expense whereof shall exceed the sum of five hun- 
dred dollars, the Board shall advertise for sealed bids or proposals 
for the same in two daily newspapers published in Manila, one 
printed in English and the other in Spanish, for a period of one 
week, the first insertion to be not less than ten days before the da}^ 
fixed for opening such proposals. A plan or profile of the work to 
be done, accompanied by specifications for the performance of the 
same, shall, before advertisement, be placed on file in the 
office of the Board, or the department of the cit}^ government 
having charge of the work, which plan, profile, and speci- 
fication shall, at all proper times, be open for public inspec- 
tion. All bids shall be opened in the presence of the Board 
at the advertised time and place. Each bid shall be accompanied 
by a deposit, the amount and character of which shall be fixed 
by the Board and named in the advertisement, and which shall 
not exceed ten per cent, of the estimated cost of the improvement 
or work to be done where the estimated cost exceeds one 
thousand dollars nor be less than one hundred dollars in any 
case. Such deposit shall be forfeited to the city if the bidder shall 
neglect or refuse to enter into a contract, with approved sureties, 
to execute the work for the price mentioned in his bid and 
according to the plans and specifications, in case the contract 
shall be awarded to him. Should all bids be rejected, or should 
it become necessarj^ for any reason to call for new bids, subsequent 
advertisement shall be for a period of five daj^s before the 
proposals are opened, and in the manner above prescribed. 

Skc. 31. Contracts in excess of $500* Every contract 
exceeding in amount the sum of five hundred dollars, for work, 
materials or supplies, shall be let by the Board to the lowest 
responsible bidder, provided that the Board may, in its discretion, 
reject any and all bids, and if such bids are too high may 
purchase the material, hire the laborers, and supervise the 
work. Bonds, to be approved by the Board, shall be taken 
for the faithful performance of contracts; all such. contracts shall 
be executed in triplicate by the Board and by the contractor; 



20 

one original copy so executed shall be kept and filed in the 
office of the Board, one shall be filed in the office of the 
Auditor for the Philippine Archipelago, and the third shall 
be given to the contractor. Every contract for a sum greater 
than five hundred dollars shall be signed by the President 
of the Board and the Secretary under the corporate • seal. 

Sec. 32. Gjntracts not in excess of $500* If the con- 
sideration for a contract shall not exceed five hundred dollars, 
the Board may authorize the head of any department, or any 
city officer, to execute such contract; but no expenditure shall 
be made for such purpose without the written order of the Board, 
which order shall be returned and filed as a voucher with the 
bill upon which payment was made. 

DEPARTMENT OF ENGINEERING AND PUBLIC WORKS. 

Sec. 33. Duties of City Engfineen There shall be, under the 
Board, a City Engineer, who shall be in charge of the Department 
of Engineering and Public Works. He shall have charge of all 
the surveying and engineering work of the city, and shall perform 
such services in connection with public improvements, or anj- 
work entered upon or projected by the city, or any department 
thereof, as may require the skill and experience of a civil engineer. 
He shall ascertain, record, and establish monuments of the city 
survey and from thence extend the surve> s of the city, and 
locate, establish, and survey all city property, and also private 
property abutting on the same, whenever directed by the Board; 
shall prepare and submit plans, maps, specifications, and esti- 
mates for buildings, streets, bridges, docks, and other public 
works, and supervise the construction and repair of the same; 
shall make such tests and inspection of engineering materials 
used in construction and repair as may be necessary to protect 
the city from the use of materials of a poor or dangerous qual- 
ity; shall inspect and report upon the condition of public 
property and public works whenever required by the Board; 
shall have the care and custody of all public buildings, when 
erected, including markets and slaughter-houses and all build- 
ings rented for city purposes, and of any system now or here- 
after established for lighting the streets, public places and 
public buildings of the city; shall inspect and seal weights and 



/ 



21 

measures, enforce the keeping and use of proper weights and 
measures by vendors and vendees, and regulate the inspection, 
weighing and measuring of brick, coal, lumber, and other 
articles of merchandise, in accordance with law and ordinances; 
shall prevent the encroachment of private buildings and fences 
on the streets and public places of the city; shall inspect and 
supervise the construction, repair, removal, and safety of private 
buildings; shall regulate and enforce the numbering of houses, 
in accordance with the ordinances of the city; shall have the care 
of all public streets, parks, and bridges; shall maintain, clean, 
sprinkle, and regulate the use of the same for all purposes as 
provided by ordinance; shall supervise the collection and dispo- 
sition of all garbage, refuse, the contents of closets, vaults, and 
cess-pools, and all other offensive and dangerous substances with- 
in the city; shall have the care and custody of all public docks, 
wharves, piers, levees, and landing-places, when erected; shall 
have general supervision and inspection of all private docks, 
wharves, piers, levees, and landing-places, and other prop- 
erty bordering on the harbor, river, esteros, and waterways of 
the city; and shall issue permits for the construction, repair, 
and removal of the same, and enforce all ordinances relating 
to the same; shall have the care and custod}^ of the public 
system of water works and sewers, and all sources of water 
supply, and shall control, maintain, and regulate the use of 
the same, in accordance with the ordinances relating thereto, 
and shall collect water rents as fixed by law or ordinance; shall 
inspect and regulate, subject to the approval of the Board, the 
use of all private systems for supplying water to the city and 
its inhabitants, and all private sewers and their connections with 
the public sewer system. He shall file and preserve all maps, 
plans, notes, surveys, and other papers and documents pertaining 
to his office. 

Sec. 34. -Assistants to City Engfineen To assist the City 
Engineer in the discharge of his official duties, there shall be 
employed under his direction a first assistant city engineer, two 
second assistant city engineers, a superintendent of streets, parks, 
bridges, docks, and wharves, a superintendent of water and 
sewers, and a superintendent of buildings and illumination. 



22 

POLICE DEPARTMENT. 

Sec. 35. Duties of Chief of Police* There shall be, 
under the Board, a Chief of Police, who shall have charge of 
the Department of Police, and everything pertaining thereto, 
including the organization, government, discipline, and disposi- 
tion of the city police and detective force; shall quell riots, 
disorders, disturbances of the peace, and shall arrest and prose- 
cute violators of any law or ordinance; shall exercise police 
supervision over all land and water within the police jurisdiction 
of the city; shall be charged with the protection of the rights of 
persons and property wherever found within the jurisdiction of 
the city, and shall arrest without warrant, when necessary to 
prevent the escape of the offender, violators of any law or ordin- 
ance, and all who obstruct or interfere with him in the dis- 
charge of his duty; shall be responsible for the safe keeping 
of all prisoners until they shall be released from custody, in 
accordance with law, or delivered to the warden of the proper 
prison or penitentiary; may take good and sufficient bail for 
the appearance before the city court of any person arrested for 
violation of any city ordinance; shall have authority, within 
the police limits of the city, to serve and execute criminal 
processes of any court; shall, either in person or by deputy, 
attend all sessions of the city courts, and shall promptly and 
faithfully execute all orders of the Board, and all wTits and 
processes of the city courts and all criminal processes of the 
Court of the First Instance of the city of Manila, when placed 
in his hands for that purpose. He shall have such further 
powers and perform such further duties as may be prescribed 
by law or ordinance. 

Sec. 36. Duties of Chief of Secret Service. The Chief of 
Police shall have an assistant, to be known as the Chief of the 
Secret Service, who shall have charge of the detective force, 
and shall perform such other duties as may be assigned to him 
by the Chief of Police or be prescribed by ordinance. 

Sec. 37. Powers and duties of peace officers. The mem- 
bers of the Board, the Chief of Police, the Chief of the Secret 
Service, and all officers and members of the police force and 
secret service shall be peace officers; and all peace officers 
created by this act, or authorized by law or ordinance, are 



23 

authorized to serve and execute all processes of municipal 
courts and criminal processes of insular courts to whomso- 
ever directed, within the jurisdictional limits of the city or 
within the police limits as hereinbefore defined; and wdthin the 
same territory they may pursue and arrest, without warrant, 
any person found in suspicious places or under suspicious 
circumstances reasonably tending to show that such person has 
committed, or is about to commit, any crime or breach of the 
peace; may arrest or cause to be arrested, without warrant, any 
offender when the offense is committed in the presence of a peace 
officer or within his view; and in such pursuit or arrest may 
enter any building, ship, boat, or vessel, or take into custody 
any person therein suspected of being concerned in such crime 
or breach of the peace, and any property suspected of hav- 
ing been stolen. They shall detain such person only until 
he can be brought before the proper magistrate, and shall have 
such other powders and perform such other duties as peace officers 
as may be prescribed by law or ordinance. Whenever the Board 
shall deem it necessary, to avert danger or to protect life and 
property, in case of riot, disturbance, or public calamity, or when 
it has reason to fear any serious violation of law and order, it 
shall have power to swear in special police, in such numbers as 
the occasion may demand. Such special police shall have the 
same powers while on duty as members of the regular force. 

LAW DEPARTMENT. 

Sec. 38. Duties of City Attorney; to have one assistant* 
The Law Department shall consist of the offices of the City 
Attorney and the Prosecuting Attorney. The City Attorney 
shall be the chief legal adviser of the city and all ofiices and 
departments thereof; shall represent the city in all civil cases now 
pending or hereafter brought in any court, wherein the city or 
any officer thereof in his official capacity is a party; shall attend, 
when required, meetings of the Board, draw ordinances, contracts, 
bonds, leases, and other documents involving any interest of the 
city, and inspect and pass upon all such documents already drawn; 
shall give his opinion in writing, when requested by the Board 
upon any question relating to the city, or the rights or duties of 
any city officer; shall appear in behalf of the city in all civil 
cases; shall, whenever it is brought to his knowledge that any 



24 

city officer is guilty of neglect or misconduct in office, or that any 
person, firm, or corporation holding or exercising any franchise or 
public privilege from the city, has failed to comply with any con- 
dition, or to pay any consideration mentioned in the grant of such 
franchise or privilege, investigate the same and report to the Board; 
shall, when directed by the Board, institute and prosecute in the 
city's interest a suit on any bond, lease, or other contract, and upon 
any breach or violation thereof; prosecute and defend all civil 
actions related to or connected with any city office or interest of 
the city. He shall at all times render such professional services 
as the Board ma}^ require, and shall have such other powers 
and shall perform such other duties as may be prescribed by 
law or ordinance. He shall have one assistant, to be known as. 
Assistant City Attorney. 

Skc. 39. Duties of Pfosecutin§f Attorney; to have three 
assistants* The Prosecuting Attorney of the city of Manila 
shall have charge of the prosecution of all crimes, misdemeanors 
and violations of city ordinances, in the Court of First Instance 
and the municipal courts of the city of Manila. He shall 
investigate all charges of crimes, misdemeanors, and violations 
of ordinances, and prepare the necessary informations or make 
the necessary complaints against the persons accused, and 
discharge all other duties in respect to criminal prosecutions 
enjoined upon provincial fiscals in the General Provincial Act 
and the Criminal Code of Procedure. There shall be three 
assistant prosecuting attorneys, who shall assist the Prosecuting 
Attorney as he shall direct. The Prosecuting Attorney or any 
of his assistants may, if he deems it wise, conduct investigations 
in respect to crimes, misdemeanors" and violations of ordinances 
by taking oral evidence of reputed witnesses, and for this 
purpose may, by subpoena, summon witnesses to appear and 
testify under oath before him, and the attendance or evidence 
of an absent or recalcitrant witness may be enforced by applica- 
tion to the municipal court or the Court of First Instance 

No witness summoned to testify under this section shall 
be under obligation to give any testimony tending to criminate 
himself, and no testimony elicited from a witness bj^ such ex- 
amination under oath before the Prosecuting Attorney or his 
assistants under this section shall be used against such witness 



25 

in any prosecution pending, or thereafter instituted against 
him, for any crime or offense. 

Sec. 40. Municipal Courts provided for* There shall be 
two judicial districts in the city, one of which shall include all 
territory within the police jurisdiction of the city north of the 
Pasig River, and the other all territory within the same jurisdic- 
tion south of said river. There shall be a municipal court in 
each of the two districts. The Civil Governor, by and with the 
consent of the Commission, shall appoint a Judge and a Clerk 
for each Municipal Court. Vacancies occurring in such clerk- 
ship after the first of March, 1902, shall be filled under the 
restrictions and provisions of the Civil Service Act. The 
municipal courts of the two districts shall have concurrent juris- 
diction over crimes, misdemeanors and violations of ordinances 
committed on the waters of the Pasig River or Manila Bay 
within the police jurisdiction of the city. There shall be a 
daily session of each municipal court, Sundays and legal holi- 
days alone excepted. In order to equalize the work of the 
courts so established, the judges and clerks may exercise their 
duties interchangeably in either district and the two judges may 
at the same time hold separate sessions of the court of one 
district and in such case the judge of the district shall divide 
the business to be done between himself and the visiting judge. 
Said courts shall respectively have exclusive jurisdiction over all 
criminal cases arising under the ordinances of the city, and 
over all criminal cases arising under the penal laws of the 
Philippine Islands, where the oflfense is committed within the 
police jurisdiction of the city and their respective districts and 
the maximum punishment is by imprisonment for not more 
than six months, or a fine of not more than one hundred dol- 
lars, or both. Such courts may also conduct preliminar}' exam- 
inations for an}' offense, without regard to the limits of pun- 
ishment, and may release, or commit and bind over any per- 
son charged with such oflfense to secure his appearance before 
the proper court. Said courts shall have no civil -jurisdiction 
except for the forfeiture and collection of bonds given in cases 
or proceedings pending therein. In a prosecution for the vio- 
lation of any ordinance, the first process shall be a summons; 
provided, however, that a w^arrant for the arrest of the offender 



26 

may be issued in the first instance upon the affidavit of any 
person that such ordinance has been violated, and that the 
person making the complaint has reasonable grounds to believe 
that the party charged is guilty thereof; and such warrant shall 
conclude, "Against the ordinances of the city in such case 
made and provided." All proceedings and prosecutions for 
offenses against the laws of the Philippine Islands shall conform 
to the rules relating to process, pleading, practice, and pro- 
cedure now or hereafter established for the judiciary of the Isl- 
ands, and such rules shall govern said police courts and their 
officers in all cases in so far as the same may be applicable. 
Every person arrested shall, without unnecessary delay, be 
brought before a municipal court or a court of first instance 
for preliminary hearing, release on bail or trial. Each judge 
shall have power to enforce all processes of the court, compel the 
attendance of witnesses and punish all contempts of court by 
fine or imprisonment, or both, under the limitations imposed 
by the Code of Civil Procedure. He may require of an}^ person 
arrested a bond for good behavior or to keep the peace, or for 
the further appearance of such person before a court of competent 
jurisdiction, and no such bond shall be accepted unless it be exe- 
cuted by the person in whose behalf it is made, with sufficient 
surety or sureties to be approved by said court. There shall 
be taxed against and collected from the defendant, in case of 
his conviction in said court, such costs and fees as may be 
prescribed by the Board, which costs and fees shall not exceed 
those charged in criminal cases in justices' courts. All 
fines and forfeitures, fees and costs imposed shall be collected 
by the clerk of each court, who shall keep a docket of all 
fines, forfeitures, costs, and fees imposed, and of those col- 
lected, and shall pay collections of the same to the City Assessor 
and Collector for the benefit of the city, on the next busi- 
ness day after the same are collected, and receive receipts 
therefor. The judge shall examine the docket of fines, forfeit- 
ures, fees and costs each day, compare the same with the 
amount receipted for b}^ the City Assessor and Collector, and 
satisfy himself that all fines, forfeitures, fees and costs have 
been duly accounted for. The judgments of each court may 
be enforced by imprisonment of any defendant adjudged guilty 



27 

therein until the fines, fees, and costs assessed have been paid, 
or until the same shall have been satisfied by imprisonment 
at hard labor at the rate of twenty-five cents a day; and any 
such judgment may also be enforced by execution against the 
property of the defendant adjudged guilty therein. Each 
court shall also have power to administer oaths and to give 
certificates thereof; to issue summons, writs, warrants, execu- 
tions, and all other processes, necessary to enforce its orders 
and judgments. The clerk of each court shall have power to 
administer oaths. The clerk of each court shall keep its seal 
and afiix it to all orders, judgments, certificates, records, and 
other documents issued by the court. He shall keep a docket 
of the trials in the court, in which he shall record in a sum- 
mary manner the name of the defendant, the charge against 
him, the name of the prosecuting witness, the date of the 
arrest, the appearance of the defendant, the date of the trial, 
and the nature of the judgment, together with the fines and' 
costs adjudged or collected in accordance with the judgment. 
The Chief of Police shall be the executive officer of each court 
and shall, either in person or by deputy, attend all sessions, 
serve all processes, and execute all orders and judgments of the 
same. 

Sec. 41. Certain requirements to be complied with before 
confinement of city prisoners^ No person shall be confined in the 
city prison by sentence of either municipal court until the warden 
or officer in charge of the prison shall receive a written commit- 
ment showing the offense for which the prisoner was tried, the 
date of the trial, the exact terms of the judgment or sentence, and 
the date of the order of commitment. The clerk shall, under 
seal of the court, issue such a commitment in each case of 
sentence to imprisonment. 

Sec. 42. Appeals to Courts of First Instance* An appeal 
shall lie to the Court of First Instance next to be held within the 
city in all cases where fine or imprisonment is imposed by a 
municipal court. Such appeals shall be governed by the rules of 
practice and procedure in judicial appeals from courts of first 
instance to the Supreme Court now or hereafter established b}' 
law. Pending an appeal, the defendant shall remain in custody, 



28 

unless released upon sufficient bail, in accordance with the rules 
and regulations now or hereafter in force, to await the judgment 
of the appellate court. 

Skc. 43. Duties of Sheriff of Manila* The Sheriff of the 
city of Manila, appointed under Section 25 of Act No. 136, pro- 
viding for the organization of courts, shall receive a salary at the 
rate of twenty- five hundred dollars per year. The Sheriff is here- 
by authorized to appoint two deputies at a salary of one hundred 
dollars per month each, and two deputies at a salary of sixty dol- 
lars per month each. The Sheriff and his deputies shall charge 
and collect for the service of all civil process the fees provided in 
the Code of Civil Procedure only, and all fees collected by them 
for such service shall be paid to the City Assessor and Collector, 
and the Sheriff shall be answerable therefor upon his bond. The 
fees charged by the Sheriff and his deputies for the service of 
criminal process shall be such as are provided in the Code of 
Criminal Procedure to be adopted, and when collected shall be 
paid to the City Assessor and Collector. Such fees shall be taxed 
as a part of the costs against defendants who are convicted in 
criminal prosecutions and sentenced to pay the costs. The Sheriff 
shall pay to the City Assessor and Collector, on the first day of 
each month, all fees collected by him and his deputies for the 
service of civil process during the preceding month, and shall at 
the same time deliver to the Auditor for the Philippine Archipel- 
ago an itemized statement of such fees. The salaries of the Sheriff 
and his deputies herein provided shall be paid from the revenues 
of the city of Manila. The Sheriff is also authorized to expend 
a sum not to exceed three dollars per day for the transportation 
of prisoners by himself and deputies and for the general service 
of the process of the courts throughout his jurisdiction, and 
which shall be paid from the revenues of the city. The Sheriff 
may, in writing, appoint .special deputies for the service of any 
particular process, who shall be paid only by fees, in accordance 
with the scale of fees provided in the Civil and Criminal Codes 
of Procedure. The sheriff and his deputies shall be peace of- 
ficers with the powers set forth in Section 37. 

Sections 25 and 27 of Act No. 136, providing for the 
organization of courts, are hereby repealed. so far as they conflict 
with this section, but in all other respects remain in full force. 



29 

Sec. 44. Justices and auxiliary justices of the peace provided 
for* There shall be appointed by the Civil Governor, by and 
with the consent of the Commission, two justices of the 
peace and two auxiliary justices of the peace for the city of 
Manila, who shall be subject to removal in the manner provided 
for their appointment, and who shall exercise within the city 
of Manila the jurisdiction conferred upon justices of the peace 
in Act No. 136, providing for the organization of courts; 
but no jastice of the peace, or auxiliary justice of the peace, 
of the city of Manila, shall exercise any criminal jurisdic- 
tion, such jurisdiction within the city of Manila being confined 
to Courts of First Instance and to the Municipal Courts 
herein provided. Each justice of the peace shall receive 
a salary of one thousand dollars per year, and shall charge 
and collect in all civil suits tried before him the fees provided 
for justices of the peace in the Code of Civil Procedure. 
All fees so charged and collected by him during each month 
shall be paid by him on the first day. of the succeeding month 
to the City Assessor and Collector. He shall at the same 
time deliver to the Auditor for the Philippine Archipelago an 
itemized statement of all such fees, and his accounts shall be 
audited by the Auditor for the Philippine Archipelago, and for 
that purpose his dockets and books shall be examined by the 
Auditor. Auxiliary justices of the peace shall be paid by the 
justices of the peace out of their salaries, respectively, in pro- 
portion to the time that t)^e auxiliary justice of the peace shall 
have performed the duties of the justice. Each justice of the 
peace may appoint a clerk, at a salary of twenty-five dollars 
per month, to be paid out of the revenues of the city. The 
existing courts of the justices of the peace in the city of Manila 
are hereby abolished. 

DEPARTMENT OF FIRES AND BUILDING INSPECTION. 

Sec. 45. Duties of Chief of Department of Fires and Build- 
ing Inspection* There shall be, under the Board, a Chief of the 
Department of Fires and Building Inspection. He shall have the 
management and control of all matters relating to the adminis- 
tration of the department as herein provided, and the organiza- 
tion, government, discipline, and disposition of the fire force; shall 
have charge of fire engine houses, fire engines, hose carts, hooks. 



30 

and ladders, trucks, and other fire apparatus; shall have full police 
power in the vicinity of fires; shall have authority to remove any 
building or other property whenever it shall become necessary to 
prevent the spreading of fire or to protect adjacent property; shall 
investigate and report upon the origin and cause of all fires occur- 
ring within the city. 

He shall inspect all buildings in the city under construction 
or repair and see that ordinances relating to the construction of 
buildings within fire limits are observed; shall inspect all private 
and public buildings erected or to be erected within the city, to 
determine whether they comply with the building ordinances 
applicable to fire limits or otherwise; shall have power to order, 
in accordance with ordinance and subject to the approval of 
the Municipal Board, buildings dangerous to the public to be 
taken down or made secure; shall supervise and regulate the 
stringing, grounding, and insulation of wires for all electrical 
connections with a view to avoiding conflagrations or interfering 
with public traffic or safety or the obstruction of the necessarj^ 
operations of the fire department in putting out fires; shall super- 
vise and regulate the manufacture, storage, sale, and use of petro- 
leum, gas, acetyline, gun powder, and other highly combustible 
matter and explosives, and the arrangement and use of engines, 
boilers, forges, and other manufacturing and heating appliances 
in accordance with law or ordinances relating thereto; shall 
havd charge of the city telegraph, telephone, and fire alarm ser- 
vices; and the laying of mains and connections for the purpose of 
supplying gas to the inhabitants of the city. 

DEPARTMENT OF ASSESSMENTS AND COLLECTIONS. 

Sec. 46. Duties of City Assessor and Collector* There shall 
be, under the Board, a City Assessor and Collector, who 
shall have charge of the Department of Assessments and Collec- 
tions. The real estate of the city of Manila shall be assessed 
and valued for taxation by the City Assessor and Collector and 
his authorized deputies, who are empowered to administer any 
oath authorized to be administered in the assessment or collection 
of taxes. It shall be the duty of every owner of real estate in 
the city of Manila to prepare, or cause to be prepared, a statement 
of the amount of land and the improvements thereon which he 
owns, the annual rent or income received by him from each 



31 

piece of his property for each of the three yesLVS preceding the 
statement and a description sufficiently in detail to enable the City 
Assessor and Collector to identify the same on examination. The 
owner or his duly authorized agent shall verify such statement 
and swear to the same before any officer authorized by law to 
administer an oath. The statement shall be filed with the City 
Assessor and Collector on or before the first day of September, 
1 90 1. He shall make a list of all taxable real estate in the city, 
by districts, and the names of the owners in each district shall 
be arranged alphabetically, with a brief description opposite 
their names of the property owned by them and the cash value 
thereof. In making this list the City Assessor and Collector 
shall take into consideration any sw^orn statement made by the 
owners of the property, but shall not be prevented thereby from 
considering other evidence on the subject, and exercising his own 
judgment in respect thereto. For the purpose of completing this 
list he is authorized to summon witnesses, administer oaths to 
them, and subject them to examination concerning the owner- 
ship and the amount of real estate in each district, and its cash 
value. It shall be the duty of the City Assessor and Collector, 
so far as is necessary, to examine the records of the office of 
the City Registrar showing the ownership of real estate in the city. 

Sec. 47. Rate per cent, of annual tax for the years 1 90 J, 
t902, and subsequent years. Atax of one per cent, on the assessed 
value of all real estate in the city subject to taxation as hereinbefore 
provided is hereby levied for the unexpired portion of the year 
1 901; provided, that every taxpayer who has paid the urbana 
tax on any house or building or who has paid the frontage 
tax on any real estate for the year 1901 shall receive a credit 
on the tax hereby levied for the amounts paid as urbana or 
frontage taxes. The laws, general orders, or regulations under 
which the urbana tax and the frontage tax are now collectible 
in the city of Manila are hereb}^ repealed except as to arrear- 
ages as hereinafter provided. All taxes on real estate for the 
year 1901 shall be due and payable on or before the fifteenth 
day of February, 1902. An annual tax of one and one-half 
per cent. ( i ^ %) on the assessed value of all real estate in the 
city subject to taxation as hereinbefore provided is hereb}- 
levied for the 3^ear 1902, and an annual tax of two per cent. 



32 

(2%) on the assessed value is hereby levied for the year 1903 
and each subsequent year. All taxes for the year 1902 and 
each year thereafter shall be due and payable on or before the 
first day of July of each year, and if any taxpayer shall fail 
to pay the taxes assessed against him for the year 1901 on or 
before the first day of March, 1902, or shall fail to pay such 
taxes assessed against him for the year 1902 and each succeed- 
ing year thereafter, on or before the first day of July of each 
year respectively, he shall be delinquent in such payment, and 
shall be subject to an additional tax of fifteen per cent. (15%) 
of the amount of the original tax as a penalty for such delin- 
quency, to be collected at the same time and in the same man- 
ner as the original tax; provided, that at the option of the tax- 
payer the payment of one-half of the tax for the year 1902 and 
each succeeding year thereafter may be postponed until the 31st 
day of December of such year, but if he fail to pay the first 
half of the tax on or before the first day of July, then the tax 
for the whole year shall be delinquent, and the penalty shall 
be due as hereinbefore provided. If any taxpayer, having paid 
the first half of the taxes due for the year 1902 or any suc- 
ceeding year, shall fail to pay the remaining half of the tax 
due for such year on or before the 31st day of December of 
that year, the penalty to be collected shall be fifteen per cent. 
(15%) of the half of such annual tax then due. The penalties 
thus imposed shall be accounted for by the City Assessor and 
Collector in the same manner as the tax. In the event that 
such tax and penalty shall remain unpaid for fifteen days after 
the tax has become delinquent the City Assessor and Collector 
shall proceed to make collection thereof in the manner prescribed 
in Sections 75, 76, 77, 78, 79, 80, 81, 82 and 83 of the Mun- 
icipal Code, and all the provisions of said sections shall be ap- 
plicable, and all the powers and duties conferred and imposed 
by said sections upon the Provincial Treasurer are imposed 
upon the City Assessor and Collector. The provisions of Sec- 
tions 83, 84, 85 and 86 of the Municipal Code are hereby de- 
clared applicable as fully as though incorporated herein to all 
taxes assessed, penalties accruing, sales made of the real estate 
of the delinquent taxpayer, and suits instituted by him attack- 
ing the assessment of such taxes or the validity of sales made 



33 

hereunder. It shall not be essential to the validit}^ of tax sales 
of real estate hereunder that the City Assessor and Collector 
shall have attempted to make out of the personal property of 
the taxpayer the tax due upon his real estate. The remedy 
provided in the Municipal Code for the collection of taxes up- 
on real estate by levying upon the personal property of the 
taxpayer shall be deemed to be cumulative only. The lien 
upon the real estate for taxes levied for the year 1901 shall 
attach upon the passage of this act. A lien for taxes due for 
an}^ subsequent year shall attach on the first day of January of 
such year. 

Sec. 48. Exemptions from taxation* Lands or buildings 
owned by the United States of i\merica, the central government of 
the Philippine Islands, or the city of Manila, and burying-grounds, 
churches, and their adjacent parsonages and conventos, and lands 
or buildings used exclusively for religious, charitable, scientific or 
educational purposes, and not for profit, shall be exempt from 
taxation; but such exemption shall not extend to lands or buildings 
held for investment, though the income therefrom be devoted to 
religious, charitable, scientific or educational purposes. 

Skc. 49. Action in case owner of real estate fails to make 
return thereof. If the owner of any parcel of real estate shall fail 
to make a return thereof, as provided in Section 46, or if the City 
Assessor and Collector is unable to discover the owner of any real 
estate, he shall nevertheless list the same for taxation, charge 
the tax against the true owner, if known, and if unknown then 
as against an unknown owner. In case of doubt or dispute as to 
ownership of real estate, the taxes shall be levied against the 
possessor or possessors thereof. Where it shall appear that there 
are separate owners of the land and the improvements thereon, a 
separate assessment of the property of each shall be made. 

In case the land and improvements, a statement of which 
it is the duty of the owner hereunder to file with the City 
i\ssessor and Collector, shall have been leased to another be- 
fore the date of this act on terms such that the leasehold held 
by the lessee is valuable, the owner of the land may in his 
statement request that the lessee or tenant of the leasehold be 
cited to appear and make a sw^orn statement of its value be- 
fore the City Assessor and Collector. The City Assessor and 

5-183-en 



34 

Collector shall then proceed as in other cases to fix and assess 
the value of the leasehold. The owner of the land and im- 
provements shall be required to pay taxes onh^ on the total 
value of the land and improvements, less the value of the lease- 
hold, while the lessee or tenant of the leasehold shall have as- 
sessed against him, and be required to pay, taxes upon the 
value of the leasehold. The remedies hereinbefore provided for 
the sale of land for collection of delinquent taxes thereon 
shall be applicable to the collection of delinquent taxes on 
leaseholds. 

Sec. 50. Action in case real estate has escaped taxation. If 
it shall be discovered by the City Assessor and Collector, or 
brought to his attention, that anj^ taxable real estate in the city 
has escaped listing, it shall be his duty at once to list and value 
the same and charge against the owner thereof the taxes due 
for the current year and for all other years since the original 
assessment under this charter was made, and the taxes thus 
assessed shall be legal and collectible by all the remedies herein 
provided, and interest and penalty shall be added to the back 
taxes as if they were assessed at the time when they should 
have been assessed. 

Sec. 51. Certificate to be made by City Assessor and 
Collector* The City Assessor and Collector shall complete the 
listing and valuation of all real estate situated within the city 
on or before the first day of December, 1901, and when completed 
shall authenticate the same by signing the following certificate at 
the foot of the list: 

"I hereby certify that the foregoing list contains a true 
statement of the piece or pieces of taxable real estate belong- 
ing to each person named in the list, and its true cash value, 
and that no real estate taxable by law in the city of Manila 
has been omitted from this list, according to the best of my 
knowledge and belief." 

(Signature.) 

The City Assessor and Collector shall also authenticate sub- 
sequent assessments, as hereinafter provided for, by signing the 
foregoing certificate in connection with each such assessment. 

Sec. 52. Notice to be gfiven to public when tax list is com- 
pleted* When the list shall be completed in accordance with 



35 

the foregoing section the Cit}' Assessor and Collector shall, 
by notice published for ten days in two newspapers of general 
circulation in the city, one printed in English and one in 
Spanish, inform the public that the list has been completed and 
is on file in his office, and may be examined by anj^ person 
interested therein, and that upon a date fixed in the notice, which 
shall not be later than the 15th day of December, the City 
Assessor and Collector will be in his office for the purpose 
of hearing complaints as to the accuracy of the listing of the 
property and the assessed value thereof. It shall be his duty 
carefulh^ to preserve and record in his office copies of said 
notices. On the day fixed in the notice, and for seven days 
thereafter, he shall be present in his office to hear all complaints 
filed within that period by persons against whom taxes have 
been assessed as owners of real estate, and he shall make his 
decision and enter the same in a well-bound book, to be b}' 
him kept for that purpose, within fourteen days from the date 
fixed for hearing complaints in such notice, and if he shall 
determine that injustice has been done or errors have been 
committed he is authorized to amend the list in accordance 
with his findings. 

Sec. 53. Appeals from decisions of City Assessor and Collector. 

In case any complainant before the City Assessor and 
Collector shall feel aggrieved by his decision, such com- 
plainant may, within ten days after the entry of such decision, 
appeal to the Board of Tax Appeals constituted as hereinafter 
provided. He shall perfect his appeal by filing a written no- 
tice of the same with the City Assessor and Collector, and it 
shall be the duty of that officer forthwith to transmit the 
appeal to the Board of Tax Appeals with all written evidence 
in his possession relating to such assessment and valuation. 

Sec. 54. Board of Tax Appeals constituted. The Municipal 
Board shall constitute the Board of Tax Appeals. The President 
of the Municipal Board shall be President of the Board of Tax 
Appeals, and the Secretary to the Municipal Board shall be the 
Secretary to the Board of Tax Appeals and shall keep the 
record of its proceedings. 

Sec. 55. Oath to be taken by each member of Board of Tax 
Appeals. Before organizing as such, the members of the Board 



36 

of Tax Appeals stall take the following oath before a justice 
of the peace or some other officer authorized to administer an oath 
in the city of Manila: 

*'I do solemnly swear (or affirm) that I will well and truly 
hear and determine all matters and issues between taxpayers and 
the City Assessor and Collector submitted for my decision; so help 
me God.' ' (In case of affirmation the last four words to be stricken 
out.) 

(Signature.) 

"Subscribed and sworn to (or affirmed) before me this , 

day of , 19 " 



(Signature of officer administering oath.) 

The oaih of each member shall be recorded by the Secretary 
to the Board in the minutes of its proceedings. 

Sec. 56. Meetings of Board of Tax Appeals. The Board of 
Tax Appeals shall meet on the second Monday in January, 
1902, and each succeeding year, and shall hear all appeals duly 
transmitted to it, and shall decide the same within fifteen days. 
It shall have authority to cause to be amended the listing 
and valuation of the property in respect to which any complaint 
is made by order signed by the Board or a majority thereof, 
and transmit it to the City Assessor and Collector, w^ho shall 
amend the tax list in conformity wdth said order. 

Sec. 57. When assessments may be increased or reduced. The 
City Assessor and Collector shall, during the first three 
days of December of each year after the year 1901, add to 
the list of taxable real estate in the city, the value of the 
improvements placed upon such property during the preceding 
year, and reduce the assessments against any taxpayer whose 
improvements already assessed have been destroyed during the 
preceding year, and shall add to the list any property which is 
taxable and which has theretofore escaped taxation. He shall 
give ten days' notice by publication in two newspapers of general 
circulation published in the city of Manila, one printed in Eng- 
lish and one in Spanish, that he will be present in his office for 
that purpose on said days. Appeals may be taken from the 
decisions of the City Assessor and Collector, under this section , to 
the Board of Tax Appeals, as in case of original assessments. 



37 

Sec. 58. Duration of first and subsequent assessments. The assess- 
ment first made under the provisions of this charter, as amended 
from time to time, shall continue in force for the period of 
three years, unless an earlier provision is made by law for 
another general assessment. The City Assessor and Collector 
shall, at the close of said three years, and at the close of 
each period of five years thereafter, make a new assessment 
in accordance with the provisions of this charter, and the 
taxpayer shall have the same remedies by appeal for unjust 
assessment and valuation as are provided for the first assessment. 

Sec. 59. Money to be applied to school purposes. One-fourth 
of all moneys realized from the real estate tax herein pro- 
vided for shall be devoted exclusively to the support of free 
public primary schools of the cit} , and to the erection and 
maintenance of suitable school buildings. The Municipal Board 
may, however, in its discretion, apph' to the Commission for 
appropriations from the general resources of the city of additional 
funds for the support of such schools and the maintenance 
of such buildings. 

Sec. 60 Cedula or registration tax. All the provisions of 
Sections 26, 27, 28, 29, 30, 31, 32, 34 and 35 of Act No. 133, 
entitled "An Act to Amend the Provincial Government Act, 
No. 83," and which provides for the collection of an annual 
cedula or registration tax, are hereby made applicable to the 
city of Manila and its inhabitants, and the Cit}^ Assessor and 
Collector shall discharge the same duties in respect to said 
tax and its collection that the Provincial Treasurer discharges 
under the above mentioned sections of Act No. 133. 

Sec. 61. City Assessor and Collector to collect all taxes, licenses, 
etc. The City Assessor and Collector shall collect all taxes 
and assessments due the city, all licenses authorized by law 
or ordinance, all rents for lands, markets, and other propert}' 
owned by the city, and shall receive and receipt for all fines, 
forfeitures, fees, and costs imposed by municipal courts, from 
the clerks thereof, and the fees collected by the Sheriff of Manila 
or his deputies, or by the justices of the peace of Manila. He 
shall deposit each day in the Treasury of the Philippine Archi- 
pelago all moneys belonging to the city received on the pre- 
vious business day; shall give bond to the city in such sum and 



3i^ 

with such surety or sureties as the Municipal Board may 
prescribe, for the faithful performance of the official duties of 
himself and his deputies or assistants and the deposit of all sums 
of money that may come into his or their hands officially in 
the Treasury of the Philippine Archipelago; shall, on or before 
the tenth day of each month, submit to the Auditor for the 
Philippine Archipelago, an account current with abstracts of 
collections and abstracts of deposits, covering all transactions 
of his office during the preceding month; shall, on or before 
the tenth day of July of each year, prepare in duplicate an 
itemized statement of the receipts and deposits with the Treas- 
urer of the Philippine Archipelago for the preceding fiscal 
year, and shall transmit the same to the Board through the 
Auditor for the Philippine Archipelago. He shall perform 
such other duties as the Board may, by ordinance, prescribe. 

Sec. 62. City Assessor and Collector to collect Internal {Revenue 

Tax. The City Assessor and Collector shall hereafter collect 
for the benefit of the city all taxes due under the law or 
orders imposing internal revenue taxes collectible within the 
city of Manila, and shall deposit the same with the Treasurer 
of the Archipelago to the credit of the city; provided, that this 
shall not include the urban a tax hereinbefore abolished; and 
provided further, that it shall not include the collections made 
at the instance of the Chief of the Bureau of Forestry, or his 
subordinates, within the city of Manila, for timber and timber 
products cut or taken from the public lands in |:he provinces 
outside the city of Manila. Until further provided by law the 
City Assessor and Collector shall also act as the Collector of 
Internal Revenue in those parts of the islands not within 
organized provincial governments and rfot within the city of 
Manila. 

Sec. 63. Chief Deputy Assessor and Chief Deputy Collector provided 
for. There shall be a chief deputy assessor and a chief deputy 
collector in the office of the Department of Assessments and 
Collections who shall be appointed by the Civil Governor, by and 
with the consent of the Commission. Their successors shall be 
appointed by the Board under the provisions of the Civil Service 
Act. 

Sec. 64. Collection and disposition of taxes now in force* 
All licenses and taxes, rents and income due and collectible 



39 

under law, ordinance, general orders or regulations, by the 
Provost Marshal General or his subordinates, or by any Insu- 
lar officer, for the benefit of the territory now incorporated as 
the city of Manila, which shall be delinquent at the time of 
the passage of this act, except such as are herein specifically 
abolished, shall be collected for the benefit of the city by the 
City Assessor and Collector in the same method and with the 
same penalties as would be applicable had this act not been 
adopted. A failure to pay delinquent urbana and frontage 
taxes for the years 1899 and 1900 within thirty days after the 
passage of this act shall impose upon the taxpayer so delin- 
quent a penalty of 15% and interest at rate of 10% from the 
date of the passage of this act until payment. In the event 
such delinquent taxpayer shall neglect to pay the urbana or 
frontage taxes so due for thirty days after the passage of this 
act, it shall be the duty of the Assessor and Collector to pro- 
ceed against such delinquent taxpayer and the property upon 
which such urbana or frontage taxes are due in manner and 
form and with like effect as provided in this act for the col- 
lection of delinquent taxes upon real estate, the provisions of 
which are hereby declared applicable to such delinquent urbana 
and frontage taxes. 

ADVISORY BOARD, POWERS AND DUTIES THEREOF. 

Sec. 65. There shall be an Advisory Board of the city, 
to consist of one member appointed by the Civil Governor, by 
and with the consent of the Commission, from each of the 
eleven city districts as they existed under the Spanish Govern- 
ment. Within ten days after their appointment the members 
of the Board shall meet at a place and time to be designated 
by the Civil Governor and shall organize by the election of a 
president and of a secretary. The Board shall hold regular 
meetings once every two weeks, upon a day and at a time to 
be fixed by resolution of the Board. Each member of the 
Board shall receive five dollars ($5.00) for each regular meet- 
ing which he attends. The Secretary of the Board shall have 
a permanent office and shall receive a salary of fourteen hun- 
dred dollars ($1,400.00) a year. The Municipal Board shall pro- 
vide the Advisory Board with a suitable room in which to 
hold its meetings, and with a suitable office for its Secretary, 



40 

and with such furniture, stationer}' and other supplies as may 
be suitable. It shall be the duty of the Advisory Board to 
bring to the attention of the Municipal Board the special needs 
of the city and its inhabitants, and it shall make such sug- 
gestions and recommendations relative thereto as it may from 
time to time deem necessary. It shall consider petitions pre- 
sented by residents or inhabitants of the city and it shall report 
its recommendations thereon to the Municipal Board. It shall 
furnish such further information relating to existing conditions 
within the city and the several districts thereof as may be re- 
quested by the Municipal Board. In case it shall deem further 
legislation by the Commission necessary for the good of the 
city and its inhabitants it shall make proper recommendations 
in relation thereto. The Municipal Board shall not have power 
to pass any ordinances fixing license fees, or involving the 
liability of the cit}" in any sum exceeding ten thousand dollars 
($10,000.00), or denouncing as an offense the violation of any 
city ordinance, and imposing a penalty and fine or imprison- 
ment therefor, or directing the condemnation of any propertj- 
for the use of the city, or making any contract for improve- 
ments in the city which shall probably involve an expenditure 
of more than ten thousand dollars ($10,000 00), without first 
having submitted for comment, discussion and recommendation 
the proposed ordinance to the Advisory Board, and received 
from the Advisory Board it^ recommendations thereon. Should 
the Advisory Board, however, delay action upon the ordinance 
thus presented to it for its consideration and recommendation, 
for more than two weeks after the same shall have been re- 
ceived and receipted for by its Secretary, the Municipal Board 
may proceed to adopt the ordinance without awaiting action b}' 
the Advisory Board. No person shall be eligible to appoint- 
ment as a member of the Advisory Board from a particular 
district unless he is a bona fide resident of such district at the 
time of appointment. 

Sec. 66. Eligibility for appointment under city sjovernment. No 
person shall be eligible for appointment to any official posi- 
tion under the city gov^ernment who is not either a citizen of 
the United States, a native of the Philippine Islands, a person 
who by virtue of the Treaty of Paris is entitled to the political 



41 

rights of a native of the Philippine Islands, or a person who, 
having served in the arm}^ or navy of the United States, has 
been honorably discharged therefrom and has taken the oath 
of allegiance to the United States. 

Sec. 67. United States money referred to. All sums of money 
herein mentioned shall be held to refer to money of the United 
States unless otherwise expressly provided. 

Sec. 68. City not to be liable for damages, etc. The city shall 
not be liable or held for damages or injuries to persons or 
property arising from the failure of the Municipal Board, or any 
city officer, to enforce the provisions of this charter, or any law or 
ordinance, or from negligence of said Board or other officers while 
enforcing, or attempting to enforce, the same. 

Sec. 69. Existing city ordinances, etc., to continue in force unless 
repealed or modified. All city ordinances and orders in force at 
the time of the passage of this act, and not inconsistent herewith, 
shall continue in force until they are repealed or modified by 
ordinances passed in accordance with the provisions of this act. 

Sec. 70 Liquor licenses granted by Board. The powers and 
duties in reference to the granting of liquor licenses and the 
forfeiting of the same, in the city of Manila, now conferred upon 
the Provost Marshal General, are herebj' transferred to the 
Municipal Board hereinbefore created. 

Sec. 71. Insular Purchasing Agent given control of property 
purchased out of civil funds. The Quartermaster of the Provost 
Guard is hereby directed to deliver to the Insular Purchas- 
ing Agent all the property held by him purchased out of 
civil funds for the use of the departments and bureaus of 
the city government under the Provost Marshal General, taking 
proper receipts from the Insular Purchasing Agent. It shall 
also be his duty to transfer to the Insular Purchasing Agent 
all the property received by him from the Disbursing Quarter- 
master for Civil Bureaus prior to July i, 1901, and purchased 
by the Disbursing Quartermaster for Civil Bureaus out of public 
civil funds for the use of the civil departments of the civil 
government, taking like receipts from the Insular Purchasing 
Agent for this property. 



42 

Sec. 72. Repeal of former acts, orders and regulations. All 
acts, orders and regulations, and parts of the same, which 
are inconsistent with the provisions of this act are hereby 
repealed, and this act shall take effect upon the proclamation 
of the Civil Governor, to be issued within thirty days after the 
passage of the act. 

Enacted, July 31, 190 1. 



INDEX. 

SYNOPSIS OF THE ACT OF INCORPORATION OF 
THE QTY OF MANILA. 



SECTION. PAGK. 

Sec. I . (a) Inhabitants of Manila constituted a municipalit}- 3 

id) City of Manila to have a seal; to dispose of real and per- 
sonal property, etc 3 

Sec. 2. Temporary boundaries of city prescribed 3 

Sec. 3. Jurisdiction of city government for police purposes 5 

Sec. 4. Government of city vested in Municipal BoarH 5 

Sec. 5. Duties of Secretary of Board 5 

Sec. 6. Duties of Disbursing Officer of Board 6 

Sec. 7. Oath to be taken by each member of Board, and city officer.. 6 

Sec. 8, Each member of Board to execute bond 7 

Sec. 9. Beginning of fiscal year 7 

Sec. 10. Method of transacting business by Board 7 

Sec. II. Board to have certain legislative and executive authority 8 

Sec. 12. Appointment of city officers and employes, etc 8 

Sec. 13. Board to inspect official books, papers, etc 8 

Sec. 14. Board to submit annually certain information to Civil Gov- 
ernor; to prepare annual report 8 

Sec. 15. Appropriations for city of Manila 9 

Sec. 16. General powers and duties of Board 9 

Sec. 17. General powers of Board stated in detail 10 

Sec. 18. Insular Auditor to audit accounts of city 15 

Sec. 19. Insular Treasurer to receive and keep moneys of city 15 

Sec. 20. Insular Purchasing Agent to make purchases for city 15 

Sec. 21. Health of city 15 

Sec. 22. Warden of Bilibid Prison to receive city prisoners 15 

Sec. 23. Establishment of schools in city 16 

Sec. 24. Reports to be made on condition of schools and school build- 
ings 16 

Sec. 25. Powers and duties of heads of departments i6 

Sec. 26. City officers to devote time to business 17 

Sec. 27. Persons who are eligible for appointment to city offices 18 

Sec. 28. City officers not to engage in certain business transactions.... 18 

Sec. 29. Action in case of separation from service of city officers 18 

Sec. 30. When Board must advertise for sealed bids or proposals 19 

Sec. 31. Contracts in excess of $500 19 



II 

SKCTION. ^ PAGE. 

Sec. 32. Contracts not in excess of $500 20 

Sec. 33. Duties of City Engineer 20 

Sec. 34, Assistants to City Engineer 21 

Sec. 35. Duties of Chief of Police 22 

Sec. 36. Duties of Chief of Secret Service 22 

Sec. 37. Powers and duties of peace officers 22 

Sec. 38. Duties of City Attorney; to have one assistant 23 

Sec. 39. Duties of Prosecuting Attorney; to have three assistants 24 

Sec. 40. Municipal Courts provided for 25 

Sec. 41. Certain requirements to be complied vi^ith before confine- 
ment of city prisoners 27 

Sec. 42. Appeals to Courts of First Instance 27 

Sec. 43. Duties of Sheriff of Manila 28 

Sec. 44. Justices and auxiliary justices of the peace provided for 29 

Sec. 45. Duties of Chief of Department of Fires and Building Inspec- 
tion 29 

Sec. 46. Duties of City Assessor and Collector 30 

Sec. 47. Rate per cent, of annual tax for the years 1901. 1902, and 

subsequent years 31 

Sec. 48. Exemptions from taxation 33 

Sec. 49. Action in case owner of real estate fails to make return 

thereof. 33 

Sec. 50. Action in case real estate has escaped taxation 34 

Sec. 51. Certificate to be made by City Assessor and Collector 34 

Sec. 52. Notice to be given to public when tax list is completed 34 

Sec. 53. Appeals from decisions of City Assessor and Collector. 35 

Sec. 54. Board of Tax Appeals constituted 35 

Sec. 55. Oath to be taken by each member of Board of Tax Appeals... 35 

Sec. 56. Meetings of Board of Tax Appeals 36 

Sec. 57. When assessments may be increased or reduced 36 

Sec. 58. Duration of first and subsequent assessments 37 

Sec. 59. Money to be applied to school purposes 37 

Sec. 60. Cedula or registration tax 37 

Sec. 61. City Assessor and Collector to collect all taxes, licenses, etc. 37 
Sec. 62. City Assessor and Collector to collect internal revenue tax... 38 
Sec. 63. Chief Deputy Assessor and Chief Deputy Collector provided 

for 38 

Sec. 64. Collection and disposition of taxes now in force 38 

Sec. 65. Advisory Board, powers and duties thereof 39 

Sec. 66. Eligibility for appointment under city government 40 

Sec. 67. United States money referred to 41 

Sec. 68. City not to be liable for damages, etc 41 

Sec. 69. Existing city ordinances, etc., to continue in force unless 

repealed or modified 41 

Sec. 70. Liquor licenses granted by Board 41 

Sec. 71. Insular Purchasing Agent given control of property purchased 

out of civil funds 41 

Sec. 72. Repeal of former acts, orders and regulations 42 



i 



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Books not returneJj^o^l^ • "ct toii a fine of 

50c per volume after me tm\. dt^, .increasing 

to $1.00 per volume athr the Books not in 

demand may be renewed if application is made before 
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NOV r ?91S 

Wi fi u, 

OCT £3 1929 

REC'D L,D 
JAN27'66-4P|m 

SENtONlLL 

OCT 2 3 1996 

U. C. BERKELEY 



50m-7/16 




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